Federal Register of Legislation - Australian Government

Primary content

Act No. 65 of 1975 as made
An Act to grant Financial Assistance to Victoria for the purpose of Flood Mitigation Works in relation to the Town of Seymour
Date of Assent 19 Jun 1975
Date of repeal 12 Jun 1981
Repealed by Repealed by Act No. 61 of 1981

VICTORIA GRANT (SEYMOUR FLOOD

MITIGATION) ACT 1975

No. 65 of 1975

An Act to grant Financial Assistance to Victoria for the purpose of Flood Mitigation Works in relation to the Town of Seymour.

BE IT ENACTED by the Queen, the Senate and the House of Representatives of Australia, as follows:—

Short title.

1.   This Act may be cited as the Victoria Grant (Seymour Flood Mitigation) Act 1975.

Commencement.

2.   This Act shall come into operation on the day on which it receives the Royal Assent.

Grant of financial assistance.

3. (1) Subject to this Act, there are payable to Victoria, by way of financial assistance, amounts equal to 40 per centum of moneys expended by Victoria, after 1 July 1974, in carrying out the works referred to in the Schedule.

(2) The total amount of financial assistance to Victoria under this Act shall not exceed $200,000.

Power of Minister to vary description of work.

4.   Upon request by Victoria, the Minister may, from time to time, direct in writing that this Act shall have effect in relation to a work referred to in the Schedule as if the description in the Schedule of that work were varied in such manner as the Minister specifies in the direction.

Victoria to give undertaking.

5. Victoria is not entitled to financial assistance under this Act unless an undertaking has been given to Australia on behalf of Victoria that Victoria will formulate and carry out a flood zone plan and a program of improved catchment management for the watercourse, known as Whitehead’s Creek, that runs through the town of Seymour.

Provision in relation to carrying out of work.

6.   Victoria is not entitled to financial assistance under this Act in relation to expenditure by Victoria in carrying out a particular work unless—

(a) where the Minister has requested Victoria to furnish information in relation to the design or construction of the work—Victoria has duly furnished that information; and

(b) the Minister is satisfied that the design and construction of the work are in accordance with the purposes for which the work was proposed by Victoria.

Statements to be furnished.

7.   Victoria is not entitled to financial assistance under this Act in relation to particular expenditure unless Victoria has furnished to the Treasurer—

(a) a statement in respect of that expenditure, in accordance with a form approved by the Treasurer, accompanied by a certificate of the Auditor-General of Victoria certifying that, in his opinion, the amounts shown in the statement as having been expended were expended in carrying out works referred to in the Schedule; and

(b) such further information, if any, as the Treasurer requires in respect of that expenditure.

Advances.

8.   The Treasurer may, at such times as he thinks fit, make advances of such amounts as he thinks fit to Victoria on account of an amount that may become payable to Victoria under this Act.

Over payments.

9.   Payment to Victoria under this Act of any amount (including an advance) is subject to the condition that Victoria will repay to Australia, on demand by the Treasurer, the amount by which, at the time of the demand, the total of the amounts (including advances) paid to Victoria under this Act exceeds the total of the amounts that have become payable to Victoria under section 3.


 

Appropriation.

10. Amounts payable to Victoria under this Act are payable out of the Consolidated Revenue Fund, which is appropriated accordingly.

__________

SCHEDULE                                           Section 3

WORKS IN RESPECT OF WHICH FINANCIAL ASSISTANCE IS GRANTED

1.   River improvement works on the watercourse, known as South Spur, that runs into Whitehead’s Creek in the town of Seymour.

2.   The construction of a new bridge in the town of Seymour, with improved waterway capacity, to carry High Street over Whitehead’s Creek.

3.   The construction of an embankment, incorporating culverts, to carry the Melbourne to Albury Railway line over Whitehead’s Creek.

4.   The relocation upstream of the bridge in the town of Seymour that carries Oak Street over Whitehead’s Creek.

5.   River improvement works on Whitehead’s Creek.

6. The burying of the sewerage outfall pipe that crosses Whitehead’s Creek upstream of the bridge referred to in clause 4.

7.   The construction of a levee to provide local protection for the Seymour District Memorial Hospital against flooding in Whitehead’s Creek.

8.   The enlargement of the waterway beneath the bridge in the town of Seymour that carries Highlands Road over Whitehead’s Creek.